Jitesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54968 of 2025 Arising Out of PS. Case No.-117 Year-2024 Thana- BIHIA District- Bhojpur ====================================================== Jitesh Thakur S/o Manoj Thakur R/o Village - Gaura, P.S - Bahoranpur, District - Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Earlier anticipatory bail of the petitioner was rejected by a Co-ordinate Bench of this vide order dated 20.09.2024 passed in Cr. Misc. No. 59110 of 2024.

3. The petitioner seeks bail in connection with Bihia P.S. Case No. 117 of 2024, instituted for the offences punishable under Sections 341, 307, 435, 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. The prosecution case, in short, is that the petitioner along with other co-accused person started indiscriminate firing upon the informant. It is further alleged that the shot fired by coaccused Abhishek Singh hit him on his waist due to which he

Patna High Court CR. MISC. No.54968 of 2025(2) dt.19-08-2025 2/3 sustained injury.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the informant is a veteran criminal and the manner of occurrence is other than what has been narrated in the FIR. It is further submitted that the alleged injury to the informant is concerned, the same is attributed to the firing resorted to co-accused, namely, Abhishek Singh. The injury sustained by the informant is simple in nature. The petitioner is in custody since 28.03.2025 and has got three criminal antecedents in which he is on bail in two cases.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

Patna High Court CR. MISC. No.54968 of 2025(2) dt.19-08-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bihia P.S. Case No. 117 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T